Supreme Court to hear plea filed by Delhi government today challenging ordinance on control of services
The Supreme Court is scheduled to hear today a plea filed by the Delhi government challenging the constitutionality of the ordinance on control of services. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha is probably going to hear the matter. Senior advocate Abhishek Singhvi had talked about the matter searching for pressing listening to on July 6.
In its plea, the AAP government has mentioned it’s an “unconstitutional exercise of executive fiat” that makes an attempt to “override” the highest court docket and the fundamental construction of the Constitution. Besides quashing the ordinance, the Delhi government has additionally sought an interim keep on it.
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for switch and posting of Group-A officers in Delhi. The Aam Aadmi Party (AAP) government has termed it as a “deception” with the Supreme Court verdict on control of services.
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The ordinance, which got here per week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to arrange a National Capital Civil Service Authority for switch of and disciplinary proceedings towards Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
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Transfer and postings of all officers of the Delhi government have been beneath the manager control of the LG earlier than the May 11 prime court docket verdict. In its plea, the Delhi government has mentioned the ordinance, which got here days after the apex court docket verdict, is a plain try to “override” the highest court docket and the fundamental construction of the Constitution itself vide government fiat.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, had put an finish to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 dwelling ministry notification asserting its control over services, holding the National Capital Territory administration is in contrast to different union territories and has been “accorded a ‘sui generis’ (distinctive) standing by the Constitution.
Against the backdrop of frequent run-ins between the AAP government and the Centre’s level man, the lieutenant governor, the apex court docket asserted an elected government wants to have control over bureaucrats, failing which the precept of collective duty shall be adversely affected.
